Appellate Division of the Supreme Court of the State of New York December 8, 2011 (Roll, Inc. v. Grannis)

Rose, J.

The Department of Environmental Conservation (hereinafter DEC) brought an enforcement proceeding against petitioner in January 2006 alleging that, as owner and operator of an underground storage tank (hereinafter UST) at a closed gas station, petitioner was in violation of ECL article 17 and its accompanying regulations even though petitioner was not the owner of the real property.